Gachagua Heads to Court of Appeal After Impeachment Blow
Former Deputy President Rigathi Gachagua has confirmed plans to challenge the High Court ruling that upheld his impeachment. Following the June 8, 2026 judgment, Gachagua stated that the court misinterpreted key constitutional principles.
Consequently, his legal team is preparing an appeal before the Court of Appeal. Additionally, the lawyers argue that the judgment contains legal contradictions that require review. The appeal is expected to trigger another major constitutional battle.
High Court Delivered a Mixed Verdict
A three-judge bench comprising Eric Ogolla, Anthony Mrima, and Fridah Mugambi delivered the landmark ruling. Consequently, the court upheld the Senate’s decision to impeach Gachagua.
The judges found that Parliament followed the constitutional procedures required for impeachment. Additionally, the court validated the voting thresholds used during the process.
However, the bench also found that the Senate violated Gachagua’s right to a fair hearing. As a result, the court awarded him KSh 50 million in damages.
The judges ruled that the Senate should have considered adjournment requests after he reportedly fell ill.
Legal Team Questions Court’s Reasoning
Gachagua’s lawyers intend to challenge what they describe as a constitutional paradox. Consequently, they argue that a process that violates fundamental rights cannot produce a lawful outcome.
The legal team insists that the court acknowledged a violation of fair trial rights. However, the judges still allowed the impeachment to stand.
Additionally, the lawyers maintain that constitutional breaches should invalidate the entire process. Therefore, they will ask the Court of Appeal to overturn the impeachment.
READ ALSO: Gachagua Loses Impeachment Case, Wins KSh 50M
Challenge Targets Separation of Powers Interpretation
The appeal will also focus on the judiciary’s oversight role. Consequently, Gachagua’s lawyers disagree with the High Court’s interpretation of separation of powers.
They argue that courts have authority to overturn parliamentary decisions that violate constitutional rights. Additionally, they believe the judiciary must intervene when due process is compromised.
The appeal could therefore redefine the limits of parliamentary accountability.
Kindiki Remains Deputy President
The High Court also confirmed the appointment of Kithure Kindiki. Consequently, Kindiki remains the lawful Deputy President.
The judges ruled that reversing the transition could create constitutional uncertainty. Additionally, they warned against a scenario involving competing claims to the office.
High Stakes Ahead for Gachagua
The appeal carries major political implications. Consequently, the outcome could determine Gachagua’s future political ambitions.
Unless a higher court overturns the impeachment, constitutional restrictions could affect his eligibility to seek public office. Meanwhile, the Senate is reportedly considering a counter-appeal against the KSh 50 million damages award.
As the legal battle shifts to the appellate court, the case is expected to shape Kenya’s constitutional and political landscape for years to come.
